This article endeavours to provide the conveyancer and examiner with a check list to be consulted when lodging or examining the opening of a sectional title register. It must be stressed, however, that this check list is not exhaustive, as the prevailing circumstances will dictate whether anything additional is required.
For convenience's sake, the check list has been divided into the lodgement covers required to be lodged for the opening of a sectional title register.
Cover No. 1
- Two copies of the sectional plan approved by the Surveyor-General (Section 11(1) and 11(3)(a)).
- Check the plans for exclusive use areas.
- Check the plans for encroachments.
If there should be any encroachments, these must be registered prior to or simultaneously with the opening of the sectional title register.
- An application by the developer drafted in accordance with Form B (Section 11(1) and Regulation 10(1)
- The title deed of the land
- Check whether the title deed contains any restrictive conditions prohibiting the opening of the sectional title register and, if so, such conditions must be disposed of prior to or simultaneously with the opening of the sectional title register.
- A schedule of conditions certified by the conveyancer setting out the conditions of title and newly imposed conditions (Section 11(3)(b) and Regulation 10(2)(b)).
- Check for reservation of exclusive use areas.
- Check for reservation of real right of extension.
Should a right of extension be reserved, the documents as set out in Section 25(2) must be lodged.
- The titles of real rights
- Check the title deed conditions to ascertain whether any registered real right is held under a separate title. If proof is submitted that the title is unavailable, the office copy must be endorsed and a caveat noted (Regulation 10(2)).
- The bondholder's consent.
- Check to ascertain that the bondholder consents to the substitution in respect of the rights reserved.
- A certificate relating to the rules (Section 11(3) (e)).
- Check whether the new rules have been imposed, in which case they must be disclosed in the certificate.
- The bondholder's consent and mortgage bond.
- Check that consent is filed with Cover No. 2.
- Certificate of Real right of Exclusive Use Area drafted in accordance with Form G (Section 12(1)(f).
- Check whether the condition was imposed on the 11(3)(b) schedule of conditions in Cover No. 2.
- A Certificate of Real Right of Extension.
- Check that the developer reserved the right in the 11(3)(b) schedule of conditions.
- Check whether the right was reserved for a determined period of time.
- check that the documents as provided for in Section 25(2) have been lodged.
- A certificate of registered sectional title of each of the units in the scheme must be lodged in separate covers.
- Check that the certificate of registered sectional titles is made subject to any restrictive condition affecting the sections such as e.g. conditions imposed in favour of the Home Owners' Association, etc.
As already stated, the above merely serves as a guideline and is by no means exhaustive. Readers are welcome to provide their own additions to this check list.
Republished with permission from SA Deeds Journal